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Day on Torts

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2009 Medical Malpractice Claims Report Released

The Tennessee Department of Commerce and Insurance has released the 2009 Medical Malpractice Claims Report.  Despite its title, the Report reveals data for calendar year 2008. This is the fifth report issued by the Department and contains more different types of data than released in previous years because of a…

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Tennessee Injury Claims Against Foster Parents

As a Tennessee injury lawyer I receive calls from time to time from parents of children who have been injured by a foster parent.  Indeed, several years ago our firm represented a parent of a pregnant teenager who was killed as a result of careless driving by her foster parent.…

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Distraction.Gov – A Website About Distracted Driving

The National Highway Traffic Safety Administration has set up a website called "Distraction.Gov." The website reveals some interesting statistics: In 2008, there were a total of 34,017 fatal crashes in which 37,261 individuals were killed. In 2008, 5,870 people were killed in crashes involving driver distraction (16% of total fatalities).…

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Proposed Consumer Product Safety Commission Database Concerns Product Liability Defense Lawyers

Thompson Hine is a 99-year old law firm with offices in eight different cities.  Its products liability lawyers work do work in the aerospace, automotive, chemical, electrical, mechanical, medical device and pharmaceutical areas. And they are concerned  about the implications of Section 212 of the Consumer Product Safety Improvement Act of 2008,…

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A Wise Word From a Wise Lawyer: “Always Draft Angry Briefs. Never File Them.”

If you do not regularly read Max Kennerly’s Litigation and Trial blog you are not taking advantage of a wonderful opportunity to learn.  I have never met Max, but his blog is well-written, thoughtful, and informative. Need to be convinced?  Read his post titled "Always Draft Angry Briefs.  Never File…

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Doctors and Hospitals Seek Special Treatment for Emergency Room Malpractice

Legislation has been introduced that would require a patient suing an emergency room doctor, on-call specialist, or hospital providing emergency room services to prove that the negligence of the provider rose to level of gross negligence. Given the declining number of medical malpractice cases and the fact that there are…

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Organizing for Trial

Once again we turn to Paul Luvera for guidance on some aspect of trial practice.  Paul is an extraordinary lawyer who is kind enough to share his knowledge with us on a regular basis via his Plaintiff Trial Lawyer Tips blog. This time, Paul shares his method of organizing for…

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1,600,000 Crashes From Cell Phone Use and Texting While Driving

The National Safety Counsel  announced yesterday that it estimates at least 28% of all traffic crashes – or at least 1.6 million crashes each year – are caused by drivers using cell phones and texting. From the organization’s press release: The estimate of 25% of all crashes — or 1.4 million…

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